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Subchapter I. Definitions
§ 6801. Definitions. - For the purpose of this chapter the following terms shall...
Subchapter II. Jurisdiction of the Superior Court
§ 6802. Jurisdiction of the Superior Court. - (a) The Superior Court of the State shall have exclusive...
Subchapter III. Medical Negligence Review Panels
§ 6803. Establishment of medical negligence review panels; purpose. - Medical negligence review panels are hereby provided for to the...
§ 6804. Composition of panels; chairperson. - (a) Each medical negligence review panel convened in an action...
§ 6805. Method of selection of panel members. - The members of each medical negligence review panel shall be...
§ 6806. Commissioner to administer process of selection of medical negligence review panel members; rules and regulations of medical negligence review panels. - (a) The Commissioner shall be responsible for the administration of...
§ 6807. Evidence; duties of chairperson. - The evidence to be considered by the medical negligence review...
§ 6808. Hearing before panel; procedure. - Any party or the panel itself, sua sponte, after submission...
§ 6809. Panel's right to information; access of parties. - The panel shall have the right and duty to obtain...
§ 6810. Panel's appointment and compensation of expert witness. - The panel may appoint persons it determines to be disinterested...
§ 6811. Opinion of panel; time for rendering. - (a) A majority vote of the medical negligence review panel...
§ 6812. Report of panel admissible in evidence; witnesses; immunity of members. - The opinion reached by the medical negligence review panel shall...
§ 6813. Compensation of panelists. - Each member of the medical negligence review panel shall be...
§ 6814. Medical negligence review panels in federal court action. - The Commissioner shall convene medical negligence review panels in the...
Subchapter IV. Reporting and Review of Claims
§ 6820. Reports; contents; when due. - (a) Every insurance carrier providing medical negligence coverage and who...
§ 6821. Disciplinary action. - (a) The Commissioner shall forward the name of every health-care...
Subchapter V. Joint Underwriting Association
§ 6830. Temporary Joint Underwriting Association. - (a) A temporary Joint Underwriting Association is hereby provided for...
§ 6831. Plan of operation. - (a) Within 45 days following the creation of the Association,...
§ 6832. Policy forms and rates. - (a) All policies issued by the Association shall provide for...
§ 6833. Stabilization Reserve Fund. - (a) There is hereby created a Stabilization Reserve Fund. The...
§ 6834. Procedures. - (a) Any licensed physician, hospital or other licensed health-care provider...
§ 6835. Participation. - All insurers which are members of the Association shall participate...
§ 6836. Directors. - The Association shall be governed by a board of 11...
§ 6837. Appeals and judicial review. - (a) Any applicant to the Association, any person insured pursuant...
§ 6838. Annual statements. - The Association shall file in the office of the Commissioner,...
§ 6839. Examinations. - The Commissioner shall make an examination into the affairs of...
§ 6840. Privileged communications. - There shall be no liability on the part of, and...
§ 6841. Public officers or employees. - No member of the board of directors of the Stabilization...
Subchapter VI. General Provisions
§ 6850. Legal terms as at common law. - Any legal term or word of art used in this...
§ 6851. Agreement assuring result to be in writing. - No liability shall be imposed upon any health-care provider on...
§ 6852. Informed consent. - (a) No recovery of damages based upon a lack of...
§ 6853. Affidavit of Merit, expert medical testimony. - (a) No health-care negligence lawsuit shall be filed in this...
§ 6854. Expert witness. - No person shall be competent to give expert medical testimony...
§ 6855. Punitive damages. - In any action for medical negligence, punitive damages may be...
§ 6856. General limitations. - No action for the recovery of damages upon a claim...
§ 6857. Savings clause. - This chapter applies to actions, cases and proceedings brought after...
§ 6858. Tail coverage for Veterans Administration hospital surgeons. - No insurance policy sold or delivered in this State providing...
Subchapter VII. Compensation for Health Care Injuries
§ 6861. Advance payment; evidence thereof. - (a) Any advance payment made by a defendant health care...
§ 6862. Collateral source. - In any medical negligence action for damages because of property...
§ 6863. Nonassignability of claims. - A claim for compensation under this chapter is not assignable;...
§ 6864. Periodic payments; reduction of awards in event of certain contingencies. - (a) Where a person recovers a judgment against a health-care...
§ 6865. Limitation on attorneys' fees. - (a) The amount of the claimant's attorneys' fees may not...
Subchapter VIII. Study Commission
§ 6870, 6871. Study Commission; submission of reports and proposed legislation. - Repealed by 67 Del. Laws, c. 105, § 1, effective...